Last updated:

Aug. 31, 2022

 

Our commitment to privacy

Bluefly.com LLC, a Florida corporation ("Bluefly") has created this privacy policy (this “Policy”) to demonstrate our firm commitment to the privacy of our visitors and customers. Bluefly is committed to respecting your privacy and recognizing your need for appropriate protection and management of the information you share with us. The purpose of this privacy policy is to describe the personal information we may collect from you, the purposes for which we collect it, how we use it and when we may share it with third parties. This Policy also describes the choices you can make about how we collect, use and disclose your information. Bluefly will not collect, use or disclose your personal information other than in compliance with this Policy.

By using the  www.bluefly.com website and/or making online purchases of products, you agree to the terms and conditions of Bluefly’s Policy. If our Policy changes substantively in the future, we will notify our customers and website users of any such changes by posting an updated Policy on our website.

Following the posting of such changes, your continued use of the Bluefly website will constitute your acceptance of these changes and you will be bound by such changes. If you do not continue to use the  www.bluefly.com website following a change to our Policy but take no other action with respect to your personal information, our use of that information will remain subject to our Policy as it was in effect prior to the change. You are responsible for regularly reviewing this Policy and any changes thereto.

We may offer you the ability to connect with our website, or use our applications, services, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Policy apply to all such mobile access and use of mobile devices. This Policy will be referenced by all such mobile applications or mobile optimized websites.

Our privacy policy

What kind of information do we collect?

We may collect personal information from you when you save or otherwise provide your personal information to us, such as by setting up a user account and password, logging in as a registered user of, searching for a product, making an order for a product, providing information in your account (and you might have more than one, if you've used more than one e-mail address when shopping with us), interacting with us by phone, e-mail, or through our websites, mobile optimized websites, mobile applications or otherwise or if you complete an entry form to participate in a contest, promotion or survey, whether online or at one of our retail stores. As a result of these actions, you might supply us with personal information, such as your name, e-mail and postal addresses, phone number(s), credit card information, names of people to whom purchases have been shipped, including address and telephone numbers, product interest information and financial information and in certain circumstances, your opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from our present and future affiliates or divisions. When you visit our website, we may also gather certain information automatically and store it in log files. This information may include without limitation browser information, Internet Service Provider (ISP), operating system, Internet Protocol (IP) addresses or other device identifiers, location and date/time stamp.

Bluefly's servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Bluefly and/or third parties that we contract with may employ "clear GIFs" (a.k.a. Web Beacons), tracking pixels or similar devices, which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, Bluefly may also use these devices in HTML-based emails sent to users to track which emails are opened by recipients.

Various features on the Website may allow you to share your information with others by publicly posting that information on the Website and/or sharing that information by other communication methods including (without limitation) email, Facebook or Twitter. To the extent that you choose to share any such information it is no longer considered personal information and is not covered by this privacy policy.

Bluefly’s website is directed for use by adults. Bluefly does not knowingly collect any personal information from children under the age of 13. Those under age 13 should not use Bluefly’s  website or provide Bluefly with any personal information.

For what purpose do we collect your information?

We may use your personal information to (i) process your order and to answer questions about the status of your order; (ii) send you or your friends, relatives or associates, products that you have ordered; (iii) maintain contact with you and provide you with ongoing personalized service; (iv) communicate with you (via e-mail, post or otherwise) and provide you with promotional materials and additional information regarding our products, services, surveys, contests, promotions and special offers; (v) help us learn more about your shopping preferences; and (vi) conduct marketing and performance research, to assist us in measuring our customer service, benchmarking our performance and to help us improve our shopping experiences and product offerings. As provided below, you may always choose not to receive promotional materials or marketing information.

Do we share your information with third parties?

We do not sell or rent your personal information to non-affiliated third parties except as permitted by law. However, in the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating the proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.

We may transfer personal information to third parties for processing only if it is subject to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information.

We may also use third-party advertising agencies to collect data and/or serve ads when you visit our websites. These agencies may use information (not including your name, address, email address or telephone number) about your visits to this website in order to provide tailored advertisements about goods and services of interest to you.

We reserve the right to disclose your personal information as required by law, in response to legal process and law enforcement requests.

Our website may contain links to websites operated by third parties. These websites may collect your personal information. This Policy does not apply to the practices of third parties and we do not assume any responsibility for, and by using this website and/or accessing a third party's website from this website you release Bluefly, and its members, employees, agents, officers and directors, of any responsibility for, the actions, practices and omissions of third parties. Please check the privacy policy at each site you visit.

In the event that Bluefly is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Bluefly's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Bluefly may not be able to control how your personal information is treated, transferred, or used.

How can you exercise my choices about receiving promotions?

If we ask for your personal information for a secondary reason, like promotions, we will either ask you directly for your expressed consent or provide you with an opportunity to opt out.

If you prefer not to receive promotional information from us or if you do not want us to use your information to enhance your shopping experience, please let us know by using one of the following methods: (i) email us at privacy@bluefly.com, or (ii) send your request to 1111 Brickell Ave, Suite 2200, Miami, FL 33131. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. It may take up to 30 days to process your postal mail request, during which period you may continue to receive communications from us. You may also unsubscribe from our email services by using the unsubscribe link situated at the bottom of any promotional message you receive from us.

What are cookies and how do we use cookies on its site?

The site uses cookie technology to improve the quality of your experience. A cookie is a small text file that is downloaded onto ‘terminal equipment’ (for example, a computer or smartphone) when the user accesses a website. It allows the website to recognize that user’s device and store some information about the user’s preferences or past actions. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. We use cookies to ensure that we give you the best possible experience on our website.

If you do not want to accept cookies, you can block them by adjusting the settings on your internet browser. Please note that this adjustment may also block cookies for any website you visit. You can visit  www.aboutcookies.org, which provides detailed information on managing cookies in popular browsers.

Blocking cookies  may affect your ability to benefit from the convenience afforded by the use of cookies, may affect your ability to use certain customization features associated with creating a user profile, and if the cookies are necessary for the website to operate properly, may affect your experience of the website.

How can you access or change your personal information, withdraw your consent, or make inquiries or complaints in relation to this Policy and our privacy practices?

We make our best efforts to ensure that the personal information we collect is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. You are entitled to request access to and correction of your personal information collected by us. In order to make such a request, or if you have any questions or to make any complaint in relation to this Policy and our privacy practices, please email our Privacy Compliance Officer at privacy@bluefly.com and by writing to:

1111 Brickell Ave

Suite 2200

Miami, FL 33131

If you have consented to the collection, use and/or disclosure of personal information as identified herein, please note that you can also withdraw your consent at any time by communicating with us as provided above.

Please note that it may take up to 30 days to process your requests.

How long is personal information retained?

We will keep your personal information only so long as it is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.

How is personal information secured?

We have adopted appropriate measures to ensure the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with proper encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we adhere to generally accepted industry standards.

MOBILE TERMS OF SERVICE

BLUEFLY

Last updated: Aug. 31, 2022

The BLUEFLY mobile message service (the "Service") is operated by BLUEFLY (“BLUEFLY”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to BLUEFLY’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BLUEFLY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BLUEFLY. Your participation in this program is completely voluntary.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18337070811 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BLUEFLY mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18337070811 or email privacy@bluefly.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Changes to This Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions and Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at privacy@bluefly.com or by mail at:

1111 Brickell Ave

Suite 2200

Miami, FL 33131